THE CASE AND PROCEEDINGS Of at least Sixty Gentlemen Participants and Purchasers for valuable consideration of Lands in the Levell of Hatfield Chace the Counties of York Lincolne and Nottingham AND MORE THEN Two hundred of their Tenants Who have been dispoiled of their Estates by the inhumane and barbarous Ryots of the Inhabitants of the Mannor of Epworth whereof some have been murthered others wounded the Church with their Houses demolished and the materials thereof with their Goods taken from them by force For which cause they the said Rioters were exempted in the last Act of Generall Pardon Humbly presented to the Consideration of this present PARLIAMENT for Redress and Reparation of their so great Losses and Dammages As it was also to the several PARLIAMENTS sitting in the Years 1651 and 1654. LONDON Printed in the Year 1656. The State of the CASE THe late King owner of the severall Mannors of Hatfield Thorne Fishlacke Dowsethorpe Stainford Snaith Cowicke and Rawcliffe in the County of Yorke Crowle Epworth Wroote and Missen in the County of Lincoln and of Misterton and Gringley in the County of Nottingham the wastes of all which lying contiguous and so hurtfully surrounded by the severall Rivers of Trent Bickersdicke Idle Torne Dunne and Ayre that it yeelded little or no profit to the Commonwealth but on the contrary nourished beggars and idle persons and the said King having a Chace of Red-Deer through five of those Mannors the rest were much annoyed and opprest thereby did resolve by the advice of his Council as well for the easing of his charge and increase of his revenue as for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good meadow arable and pasture for the advantage of the Commonwealth did by advice of his Councel under the Great Seal contract with Sir Cornelius Vermuyden to drain and lay dry the same being in all about 600000 Acres of Land at his own charge and in recompence thereof he should have one third part And thereupon directed Commissions to severall Gentlemen of those Countries to treat and agree with all such as pretended right of Common within those severall Mannors which took effect with all the Mannors unanimously except the Manners of Epworth in the County of Lincolne and against the Commissioners within that Mannor Sir Robert Heath being the then Attorney Generall exhibited an Information in the Exchequer Chamber whereupon 370 Commoners who were all that at that time could be discovered to have right of Common there came and submitted to such an Award as Sir John Bankes the then Attorney Generall should make therein who upon severall hearings of all parties and their Council made an Award that of 13400 Acres belonging to that Mannor which was then drained among the rest of the levell 6000 Acres should be allotted the Commoners as their part or proportion lying next the Towns and so preserved for ever at the charge of the said Sir C. V. and the remaining 7400 Acres should be set out in the remotest parts of those washes to Sir Cor. Vermuyden and his participants for their third part and for the late Kings part in right of his interest as Lord of the soyle and this by consent was decreed in the Exchequer Chamber and possession accordingly established with Sir Cor. Vermuyden and his Participants and their Assignes who being in peaceable and quiet possession did manure build and plant a Town called Sandtoft and a Church therein and placed a Minister whereto resorted above 200 Families of French and Walloon Protestants who fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who builded and planted above 200 habitations for husbandry and plowed and tilled much of the said 24500 Acres of Land to the great advantage of the Commonwealth and quietly enjoyed the fruits of such their labours till about June 1642. at which time some of the Inhabitants thereabout pretending they had right of Common said they were not bound by the said Decree and taking advantage of the distractions of those times rise in tumults break down the fences and inclosures of 4000 Acres destroyed all the Corn growing and pulled down the houses built thereon Then the Participants petitioned the Lord Fairfax and the Earl of Manchester who gave express order to quiet those Ryots but all was in vain as will appear by the severall Reports made upon a full Examination of the whole Business and hearing both parties concerned In the year 1645. the Participants being thus grievously oppressed and contrary to Law cast out of their possessions upon their address to the then Parliament by Petition they were pleased to make these Orders following Viz. Wednesday 10th Decemb. 1645. WHereas the Participants in the draining and Tenants and Inhabitants of the Levill of Hatfield Chace and parts adjacent in the Counties of Yorke Lincolne and Nottingham have petitioned this House informing that after the expence of at least 200000lb in those Works the Tennants of the Mannor of Epworth being part of that Draining consenting to a Decree passed in the Exchequer for settlement of the proportions agreed on and set out of that Mannor and ever since enjoyed by the Participants and their Tenants till of late and since the distractions of these times divers of the unruly Inhabitants of the said Mannor have in a tumultuous manner thrown down and laid waste a proportion of at least 7400 Acres of Land and destroyed a very great quantity of Rapes and Corn growing by forcible keeping and depasturing their Cattle thereon demollished very many houses burned others cut and burned the Plowes beat and wounded those they have found ploughing or have resisted them in any their outragious acts and now threaten the drowning of the whole by cutting of the banks and misusage of the sluces and resist the Participants in levying Taxes for repair of the Works to the great dammage of the Commonwealth in generall and scandall of the Justice thereof in case it should not be restrained and the offendors punished For restraining of the like outrages for the future and for preservation of the peace of the Country It is Ordered by the Lords in Parliament assembled That the Sheriff of the said County of Lincolne and Justices of Peace there shall upon complaint made to them by the Participants of the said Levell or their Agents punctually pursue the Statutes made in the 13th year of King Henry the 4th for suppressing of Ryots and routs and shall call to their assistance if need require the trained Bands of the said County and the Parliaments forces next adjoyning to be ayding and assisting unto the Participants in guarding and keeping the Sluces and Sewers reedifying and repairing what hath been so demolished and levying the Taxes legally imposed tending to the preservation of so good and beneficiall a work to the Common-wealth and for the setling of this businesse It is further ordered
That the Sheriff of the County of Lincolne for the time being shall upon request to him made by the Participants appoint such a Deputy within the limits of the said Levell for suddaine ayding and assisting them if need shall require as they from time to time shall desire And it is likewise ordered by their Lordships That as well the Ministers in the adjacent Parishes shall upon the next Sunday after receipt of this Order as the Under-Sheriff of the County of Lincolne in the severall adjacent Market-Townes on the Market day make publication of this Order that the Inhabitants may take notice hereof and conforme accordingly Jo. Browne Cleric Parliamentorum Die Sabbathi vicessimo primo Martii 1645. WHereas the Participants in the draining of Hatfield Chace and parts adjacent in the Counties of Yorke Lincolne and Nottingham have petitioned this House insomuch that by Order of the Committee of Lincolne the Tenants and Inhabitants of those drained Lands within the Mannor of Epworth have entred Bonds for payment to the Committee of their Rents due to their Landlords at our Lady day now next coming and at Michaelmas next coming to be deposited in their hands till the tryall of a Title and likewise that the said Levell is become totally drowned by the malicious pulling up of a navigable Sluce which kept the River of Trent from flowing into Vickersdicke whereby very great dammage is hapned not only to the Participants and Tenants in particular but to the Commonwealth in generall For reedifying of which and other Sluces Banks Draines and Inclosures demolished this House did on the 10th of Decemb. last settle by Order which Order the Lords in Parliament assembled doe hereby confirme And do further Order That those Bonds so taken from the Tenants be upon notice of this Order brought into this House to be disposed of as to Justice shall appertain And do likewise require and authorize the Commissioners of Sewers for the said Levell that they be ayding and assisting to the Participants with all their legall authority in reedifying the things so demolished and preserving the said Levell from future inundation and destruction by the pretended Commoners in which they are hereby authorised and required to call to their assistance the Sheriffs of the County and the Justices of the Peace next adjoyning to the said Works to be ayding and assisting in the establishing and preservation of so good and beneficiall a woâ—k to the Câ—mmonwealth Jo. Browne Cleric Parliamentorum Upon the Bill in the Exchequer Chamber for establishing the possession against those seaven who brought their Actions at Law the Court upon severall debates and search of the presidents they made this Order following Mercurii decimo die Februarii 1646. WHereas in the Cause here depending by English Bill exhibited by Sir Thomas Abdy Knight and others Plaintiffs against James Mawe Gregory Tore William Bire Richard Mawe Robert Barnard William Tonge Thomas Medley and others the Tenants and Inhabitants of Epworth in the County of Lincolne Defendants upon hearing of his Majesties Sollicitor generall on the said Plaintiffs behalf concerning the stay of Suits by Action at Law brougbt by the said Defendants against Anthony Massingarb and others Plaintiffs in this Court claiming under his Majesties Title It was ordered by this Court the Eight day of this instant February That the Council on either part should attend this Court this day concerning the stay of the said Suits and that in the mean time the said Defendants were ordered not to proceed therein as by the said Order at large appeareth Now upon hearing of Mr Sollicitor Generall Mr Thorpe and others on the behalf of the said Plaintiffs and of Mr Gates Mr Ellis and others on the behalf of the said Defendants endeavouring to shew cause for the further proceedings in the said Suits at Law and upon producing of an Exemplification of a Decree of this Court for the setling of the quiet possession of the Lands in question and of the interest of his Majesty therein It is this day ordered by this Court That his Majesties Sollicitor generall shall proceed upon the said Bill in this Court with all convenient speed and in the mean time the possession of the Lands in question to be held in quiet by the said Plaintiffs as it hath been formerly setled by this Court and enjoyed at any time since the said Decree made And that the said Suits at Law shall be stayed by the Injunction of this Court untill the hearing of the Cause or that this Court give further order Upon which Injunction the Sheriff having a Writ of Assistance came with neer 100 persons to quiet the possession and set up the fences of the 4000 Acres first laid waste but then Daniell Noddell came with 400 men and forced the Sheriff with all his assistants to flie and then demolished what the Sheriff had before caused to be set up Then the Participants brought their Bill to hearing and during that time the said Inhabitants rise in tumults and laid waste the remaining 3400 Acres as in the Report The Council of State being informed of the continuall Ryots committed by the said Inhabitants writ the ensuing Letter to the Sheriff of Lincolneshire SIR WE are informed that there hath been severall Ryotous and tumultuous gatherings together of people in that County of Lincolne under some pretence about the Commons of Epworth which kinde of meetings ought not at any time to be suffered but effectually proceeded against as the Laws have directed that by the punishment of some others may be deterred from such like attempts but especially in such times as these a more diligent care ought to be taken to prevent such meetings of the multitude that may make use of other pretences to begin Insurrections and carry on designes to the interruption of the publike peace and danger of the Commonwealth You are therefore to keep a watchfull eye upon the confluence of people upon any feigned pretences whereby danger may probably arise and to make use of the power the Law hath put into your hand and intrusted you with to preserve the peace of the County And if you find that power not sufficient for that purpose you may desire assistance from such forces of the Commonwealth as shall be nearest you who are hereby ordered and shall have directions to give you such assistance as shall be necessary for your effecting that work whereby dangerous consequences may be prevented and delinquents against the publike peace may be brought to condigne punishment the people neverthelesse for such wrongs as they may have cause to complain of being left to prosecute their pretences in a peaceable and quiet manner in due course of Law where they may have right witeout making themselves Judges in their own Cases by such exorbitant and irregular courses Whitehall the 12th July 1651. Signed c. To the High Sheriff of the County of Lincolne These After these Orders and Letter before mentioned were made herein
the said Committee of Parliament and also again heard what could be alleadged on either side touching the said Report have certified unto the Council that they do finde the substance of the said Report warranted by the said Depositions and nothing materially objected by the said Inhabitants and Tenants against the same and upon consideration of the whole matter have certified their opinions that the 7â—00 Acres of Land in the said Report mentioned ought to be setled in the possession of the Participants and the same quieted with them and that a speciall Commission issue to try the Ryoters that as well the Offenders may be punished as the Sufferers repaired in a Legall way according to Justice as by their said Certificate Registred together with the said Report amongst the Acts and Orders of the Council more at large appeareth Of all which the Council having taken mature consideration and approving the said Certificates and the Opinions therein delivered and finding by the said Report that the said Participants have been by the Ryotous tumultuary proceedings and evil practises of divers persons in the said Report particularly named violently thrown out of the possession thereof the Corn and Rapes there growing to a great value wholly destroyed the Houses there built by them for habitation in a great number and even the whole Town of Santoft ruinated and demolished and the Church defaced the Sasses pulled up and all the said Improvement endeavoured to be again laid waste and the Participants kept from their possession thereof by force notwithstanding a Decree made in the Court of Exchequer upon the said Improvement and divers Orders and Injunctions since there issued for the preservation of the Participants possession and prevention from those Ryots and disturbances which although seconded with Writs of Assistance to the Sheriffs have been from time to time contemned and disobeyed to the great affront of Justice dammage to the Commonwealth in generall and the prejudice of the Interest of the State in the Feefarm Rent of 1228lb by the year reserved out of the said Improved Lands all which hath been of late promoted by the countenance and encouragement of Lieutenant Collonel John Lilburn Major John Wildman and one Daniell Noddell a Solicitor which three by compact and agreement with divers of the said Inhabitants were to have and measured out to themselves 2200 Acres of the said Participants Lands for their reward in undertaking to defend the said Inhabitants from their Ryots past and to maintain them in possession of the rest of the said 7400 Acres against the said Participants for the time to come as by the Report amongst other foul miscarriages and misdemeanors committed and done by the said persons and divers others therein particularly mentioned appeareth The Council thereupon finding it necessary in this case where the Decrees and Orders of the Courts of Justice have been with a high hand disobeyed and resisted to the endangering of the Peace of the Commonwealth through the opposition of turbulent and seditious spirits to apply the Military Power in Aid and Assistance of the Civil Government and Execution of Justice Do hereby Order Require and Authorize the Forces of the Army quartering in the said Levell of Hatfield Chace or within the said Counties of Yorke Lincolne and Nottingham or any of them or any others that are or shall be in those parts to be aiding and assisting to the Officers of Justice and the said Participants in Draining of the said Levell for setling establishing and keeping the possession of the said 7400 Acres of the late improved Lands within the Mannor of Epworth in the said Report mentioned with the said Participants and also for executing the Decrees and Orders of the said Court of Exchequer or any other Courts of Justice touching their possession therein and for preventing such Ryots and Outrages for the future and in respect of the great Dammage suffered by the Participants and their Tenants it is further Ordered That the Commissioners of the Great Seal for the time being do Award a speciall Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties to try the Ryoters and to punish them according to Law and Justice and to enquire of the Dammages suffered as aforesaid by the Participants and their Tenants to the end they may have just Reparations for the same Given at the Councill of State at Whitehall the 31 day of August 1613. Signed in the Name and by Order of the Council of State Anth. Ashly Cooper John Thurloe Secretary Wednesday 31. August 1653. At the Council of State at Whitehall Ordered THat the Report made to the Council concerning the business of Hatfield Chace in Lincolnshire be humbly presented to the Parliament and Collonel Thomlinson is desired to present the same accordingly But notwithstanding this and the former Orders and Letters of the Parliament and Council the said Inhabitants still continued in their ryotous and rebellious posture not giving any obedience unto them not the Decrees and Orders of the Court of Exchequer nor Precepts of the Court of Sewers standing in defiance and opposition to all Authority Upon the Petition of the said Participants and their Tennants and Remonstrance of the Commissioners of Sewers to His Highness and Council An Order of reference was made the 15th of Aprill 1656. to the Lord Commissioner Fines Lord Lambert Major Generall Desbrough Lord Lisle Lord Strickland or any three of them to consider of the said Petition and report there opinion therein to the Council whereupon the said Lords request Major Generall Whalley to call both Parties before him and to examine the whole matter in the said Petition set forth and make report thereof unto the said Committee which accordingly he did The Remonstrance of the Commissioners of Sewers May it please your Highness IN pursuance of your Highness Letters Pattents bearing date the sixth of July last Impowring us amongst others to provide for the safety and preservation of the Westriding of the County of Yorke as also of the Improved Lands within the Levell of Hatfield Chace and parts adjacent within the Counties of Yorke Lincolne and Nottingham as also by vertue of severall former Commissions severall Rates or Scots have been imposed by severall Decrees and Laws of Sewers according to the tenor of the Statute But when the Officers appointed thereunto endeavoured the collecting and distraining for those Rates assessed upon the Improved Lands within the Manner of Epworth in the Isle of Axholme and County of Lincolne aforesaid severall the Inhabitants of the said Isle have evilly intreated menaced and wounded the said Officers and their Assistants and riotously rescued their distresses from them And being not contented with their having in a forcible manner dispossessed the Participants of the said Improvement of 7400 Acres or thereabouts of their Lands as we are credibly informed for which and divers other offences they are excepted out of the generall Act of Pardon they have necessitated